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Just How Much Authority Do HOA Regulations Have Regarding Your New Home Build?

Homeowners Associations (HOAs) typically have authority over certain aspects of a home build within their jurisdiction. The extent of their authority is outlined in the HOA's governing documents, which may include the declaration of covenants, conditions, and restrictions (CC&R), bylaws, and architectural guidelines. The level of control HOA regulations have over your home build can vary, but common areas of influence include:

HOAs often have the authority to review and approve or disapprove of architectural plans for new construction or major renovations. This may include the exterior design, color schemes, landscaping, and other aesthetic elements to ensure they comply with the community's established standards.

They may specify acceptable building materials to maintain a consistent look within the community. This could include guidelines on roofing materials, siding, paint colors, and other exterior features. HOAs may have regulations regarding how close structures can be built to property lines (setback) and the percentage of a lot that can be covered by structures. These guidelines help maintain a uniform appearance in the community.

HOA Regulations and Guidelines

Some HOAs may have restrictions on the size and style of homes allowed within the community to maintain a certain aesthetic or to ensure conformity with the neighborhood's character. They also might regulate landscaping, fencing, outdoor structures (like sheds or playsets), and other elements that impact the visual appeal of the community.

Some neighborhoods have rules regarding the timing of construction activities to minimize disruption to the neighborhood i.e no construction on weekends.

It's crucial for homeowners and prospective home builders to carefully review the HOA's governing documents before starting a home build. Failure to adhere to these guidelines could result in fines, the need for modifications, or other consequences outlined in the HOA rules.

It's worth noting that the authority of HOAs is limited to matters specified in their governing documents and local laws. Homeowners still have rights and protections, and any restrictions imposed by an HOA should be legal, reasonable, and consistent with applicable laws and regulations. If there are concerns or disputes, homeowners may have recourse through legal avenues or by working within the established procedures for dispute resolution outlined by the HOA.


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